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Equality of arms

09 April 2013 / Ximena Montes Manzano
Issue: 4397 / Categories: Comment & Analysis , Admin

The First-tier Tribunal may no longer decide whether or not HMRC’s advice can be relied on

KEY POINTS

  • The Upper Tribunal’s decision in CRC v Abdul Noor.
  • Information from HMRC’s National Advice Service.
  • The Upper Tribunal disagreeing with the Oxfam decision.
  • Claims to legitimate expectation may be hampered by costs.
  • Is the Upper Tribunal’s decision as persuasive as it might be?

On 1 April 2013 the two-tier tax tribunal system celebrated its third anniversary and in its years of infancy we have had a variety of decisions both in the First-tier Tribunal and the Upper Tribunal dealing with matters of procedure and jurisdiction.

To this end each tier of the tribunal has a set of rules (some already amended) that are carefully followed. It would therefore come as a surprise to those who do not closely follow cases on procedure (ie those with...

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